“If you’re an American and you’re concerned about rule of law, there should be no scenario where you want this to happen.”

Trump attorney Joe Tacopina tells @GStephanopoulos that the case wouldn't have been brought if Trump wasn’t running for reelection. https://t.co/Gk43TheOAbpic.twitter.com/5i8AssDhvK

— This Week (@ThisWeekABC) April 2, 2023

Donald Trump’s attorney claimed that there would be no indictment against his client in the Stormy Daniels “hush money” case if the former president wasn’t seeking a return to the White House in 2024.

Joe Tacopina, who is representing Trump, 76, in the case brought by Manhattan District Attorney Alvin Bragg, said Americans should be concerned about the indictment filed against the former president.

“If you’re an American and you’re concerned about rule of law, there should be no scenario where you want this to happen,” Tacopina said Sunday on ABC News’ “This Week.”

“If you’re intellectually honest, we all know that had Donald Trump not been Donald Trump, and it was John Smith, this case would have never been brought.” he suggested.

“If he was not running for reelection, there is no way this case would have been brought.”

Tacopina added: “This case is not even legally sufficient. Factually, it’s a joke.”

The attorney also told CNN’s “State of the Union” Sunday that he would not seek an immediate dismissal at the arraignment Tuesday because “that would be showmanship and nothing more.”

“We will very loudly and proudly say ‘not guilty,’” Tacopina said of the impending court appearance.

But the ex-commander-in-chief’s lawyer does expect to file a dismissal.

“The team will look at every potential issue that we will be able to challenge, and we will challenge,” Tacopina told CNN, adding that the defense “very much anticipates a motion to dismiss because there’s no law that fits this.”

Trump was indicted by a Manhattan grand jury on Thursday in connection to the $130,000 payoff made to Daniels in the lead up to the 2016 election — marking the first time a former US president has faced criminal charges. 

While the charges in the indictment won’t be revealed until Trump makes his first appearance in court Tuesday, reports say he faces more than 30 counts, including at least one felony charge.

Prosecutors will likely claim Trump allegedly knew about the payments to Daniels, transferring money from his then-lawyer Michael Cohen to the porn star so she would keep quiet about her claims she and the real estate mogul had an affair in 2006.

But Tacopina said Trump never knew about the settlement reached between Cohen and Daniels, claiming the case was politically motivated. He also argued any charges would be barred by the statute of limitation.

“We do all know that it has to do with a confidential settlement agreement – a completely legal confidential settlement agreement with Stormy Daniels, her attorney. Michael Cohen and her attorney signed that together, Donald Trump did not,” Tacopina said. “So that’s what this is about.

“And the entries into the ledgers would be misdemeanors, and they’re not even false – but they would be misdemeanors and way past the statutes of limitations,” he added.

Trump, who denies any wrongdoing, is scheduled to give a speech at his Mar-a-Lago resort in Palm Beach, Florida on Tuesday night following his arraignment, his campaign said Sunday.